IDCREATOR TERMS OF SERVICE
Project Arcadia, LLC dba IDCREATOR (“IDCREATOR”, “Company”, or “we”) is an Arizona limited liability company that provides customizable professional identification cards and accessories, and standardized products such as ID accessories and other office products (“Services”) to individuals, business owners, and public entities that order identification cards from IDCREATOR (“Purchaser” or “you”) through its website, https://www.idcreator.com/ (“Site”) for their own use. All individuals, including Purchaser, who are authorized by the Company or who are authorized by the Purchaser (such as purchasing agents or principals acting on behalf of a business) to access and order the Services as stated in this Agreement are referred to as the “End User”.
Authorization to Use our Services:
Subject to the terms of this Agreement, IDCREATOR hereby grants End User a limited license to use and access the Site solely to browse and make authorized purchases of our Services.
1. Use of Data:
2. You Retain Ownership of Your Data:
End User retains ownership of the Intellectual Property rights in your Data, and any rights granted by third parties for use of their Intellectual Property. IDCREATOR does not claim ownership over any of your Data. This Agreement does not grant us any licenses or rights to your Data, other than as stated herein. However, by using the Services, you are providing IDCREATOR with the limited rights required for us to provide the Services and as otherwise described in this Agreement, which including printing your ID cards for you.
3. Data Deletion:
IDCREATOR reserves the right to delete any and all End User Data from its database at any time, without notice to End User, after completion of Services. However, End User may delete their Data at any time. End User is solely obligated to back-up and download all necessary Data relating to the Services ordered. IDCREATOR shall not have any liability for the deletion of any Data from its database in accordance with these terms.
4. Intellectual Property Rights:
IDCREATOR Intellectual Property. IDCREATOR owns all right, title, and interest in and to the Services and IDCREATOR’s registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Services (all collectively “Intellectual Property”).
5. Maintaining IDCREATOR’s Intellectual Property Notices:
End User shall not remove any copyright or trademark notices or marks attached to IDCREATOR Intellectual Property, including those appearing on all templates and communications, at any time during or after the terms of this Agreement, unless specifically authorized by IDCREATOR. Similarly, End User shall not remove any Intellectual Property notices or marks belonging to any third party when using the Services.
6. End User Intellectual Property:
End User owns all right, title and interest in its own Intellectual Property, including any Intellectual Property resulting from IDCREATOR’S print and design work; however, IDCREATOR may charge additional fees for design work and to grant End User the exclusive rights to use any work created by IDCREATOR or in collaboration with End User.
7. Limited License to Your Content:
You grant IDCREATOR a worldwide, royalty free license to use, reproduce, modify, adapt, create derivative works, and otherwise use your Data and Intellectual Property, but only for the limited purposes of providing the Services to you and as otherwise permitted by IDCREATOR privacy policies. If you provide IDCREATOR with feedback about the Services, we may use your feedback without any obligation to you.
8. Use of Third Party Intellectual Property:
IDCREATOR does not have the ability to evaluate whether Services ordered by an End User required, rely on, or use the Intellectual Property of third parties. Therefore, End User shall be solely responsible for determining, and liable for the use of, the rights associated with the use of any and all Intellectual Property belonging to third parties. End User hereby represents and warrants that has the legal authority to use any and all Intellectual Property provided to IDCREATOR when ordering the Services. IDCREATOR may, but does not have the obligation to refuse Services for any reasons, including for any suspected infringement of a third parties’ Intellectual Property. If you suspect that another End User has infringed your Intellectual Property rights, you may contact us via email by including “Infringement” in the subject line, at : [email protected]
Payment for all printing services is due at the time the order is placed with IDCREATOR, unless otherwise stated by IDCREATOR. Payment should be made via the integrated shopping cart. We permit the use of other integrated payment methods, including Visa, MasterCard, Discover or American Express, PayPal, Bitcoin, subject to changes at anytime. Payment may also be made via a Check or Money Order (Money Gram, Postal Service Money order, Western Union). Checks are payable to "Project Arcadia LLC". Bank wire transfers are also accepted for large and international orders. Orders will not be shipped until payment has cleared. We may accept COD orders payable in 30 days, for certain order, as determined in our discretion. For your added security, we use third party payment services that are PCI complaint, so your information is safely transmitted over the Internet. Your credit card statement will show the name, “IDCreator” for our charges. Credit Terms are available to established customers. Please contact [email protected] for more information. End User shall be liable to pay for any and all Services ordered and performed by IDCREATOR. Payments for Purchase Order or net 30 day terms that are not received by the payment due date may be subject to late fees of 10%, plus the cost of collection, if necessary.
10. Price and Product Specifications:
All Prices are set in U.S. Dollars. Card prices are calculated automatically based on quantity and card features. Prices, minimums, quantities and specifications are subject to change without notice. ID accessories may be shipped separately from ID cards. While IDCREATOR’s high definition card printers are the most advanced in the industry, actual color of the products may vary slightly from those shown, due to some limitations of computer transmission and printing process. Because of third party ink variations, we do not guarantee exact color tones.
11. Data Integrity:
IDCREATOR offers advanced data management technologies, magnetic stripe encoding, QR codes, and barcodes. IDCREATOR guarantees that your card will be created to read effectively by standard, functioning approved devices., or we will fix your card, free of charge providing the following is met: (1) Data inputted into the magnetic stripe encoding field or barcoding field must be inputted by the user correctly; we are not responsible for data entry errors or misuse of End User’s devices; (2) If the user is using variable fields in the encoding/barcode and generating multiple cards, the user is responsible make sure that the correct information is inputted in the variables; (3) accurate information pertains not only to End User inputting the intended information, but also to use of correct/allowable characters and cases; (4) we are not responsible for failures caused by End User’s card reading devices.
Barcodes and QR codes shall not be modified in any way. We cannot guarantee that a barcode will work with your reader if it is stretched, scaled, cropped, or occluded.
Barcodes and QR codes should have a minimum 3 pixels of white background space around the edge or border of the barcode image, and that such code are not too small in font. If the card has a colored background, it is recommended that the End User places a white rectangle behind the barcode. Many readers have difficulty reading complete barcodes if the edges of the black barcode are touching dark areas. Therefore it is the End User’s responsibility to make sure that the perimeter of the barcode is on white space.
12. Order Minimums:
In regard to Custom Printed ID Cards, there are no minimum order quantities to order from us!
13. Production and Approval:
IDCREATOR shall use good faith efforts to begin working on your submission as soon as we receive it. As any other business, IDCREATOR is bound to all laws and regulations so under no circumstances will IDCREATOR print or issue an official Identification Card that is being or has been issued by any government agencies such as Identity Cards or Drivers Licenses. IDCREATOR will not print any Student Cards issued by any school, college or University, without compliance with strict approval and authorization protocols.
To comply with our Intellectual Property policies, if your design contains copyrighted elements you must provide IDCREATOR with a signed statement on official letterhead, stating that (1) you are the lawful owner of any Intellectual Property being provided to IDCREATOR for printing and (2) you grant IDCREATOR permission to print these items by email at [email protected]DCreator.com or by fax at (+1) 855-625-3437. Please note that all letters will be check for eligibility.
IDCREATOR reserves the right to refuse any orders placed, including those with insufficient authorization to complete our Services.
If you are not able to provide to provide IDCREATOR with an official letter granting us permission to print a copyrighted item you may modify your design and remove these copyrighted elements. If your design is not able to pass IDCREATOR’s design approval, IDCREATOR will issue a full refund (including all shipping charges) in the form of store credit. This refund can be used to order a new design for up to 30 days from the original date of purchase. New submissions will be reviewed and either approved or denied for printing based upon the “Terms and Conditions”. We will email you if and when an order needs approval, and until approved, the order status will remain as “Processing”.
IDCREATOR reserves the right to deny Service to any customer, for any reason.
It may take one or two additional business days to approve a design ordered from an account which has not yet received approval for this design. Multiple identities based upon the approved card design do not need to be approved and will ship quickly. If changes are made to a design, it will need to be reapproved for printing. It is the User’s responsibility to monitor the approval status of a design.
We strive to ship all orders for approved designs placed before 12:00 PM PST by the next business day – however, we cannot guarantee this timeframe for all Services. End User must contact us for more accurate processing times.
14. Title and Risk of Loss:
Title and risk of loss shall pass to End User at the time of delivery to the carrier for shipment. Where applicable, delivery confirmation code shall be used to determine delivery status to the address for orders shipped domestically via Best Way, Priority Mail, Two-Day Mail, and Overnight Mail. Orders shipped that carry a USPS Delivery Confirmation code shall be used to determine whether the item has been delivered to the provided address. Orders shipped with “economy”, “free”, and standard international methods may not have an assigned tracking code. All reprints and reshipments will be shipped via “economy” method and may not have a shipping confirmation code. IDCREATOR shall not be responsible for mail which the Delivery Confirmation Service shows as having been delivered or packages that are undeliverable and have not been returned to us yet. We will strive to find a shipping method that fits End User’s needs, but cannot guarantee availability. End User is solely to ensure the shipments are received at the address provided by the End User. End User hereby waives all rights to complain about an “Item Not Received” payment dispute claim when the parcel is received by the shipping courier. Be sure the address you input is accurate during checkout.
For secure shipments, we have an array of other shipping options, and signature and ID requirements must be specified if desired for delivery:
- USPS Express Mail
- FedEx Ground
- FedEx 2 day
- FedEx Next Day
15. Shipping Information:
Products can be shipped to all fifty (50) states, as well as APO and FPO addresses, Puerto Rico and other territories. We also ship internationally to many locations. However, the following restrictions apply:
• Free Shipping offers only apply the 50 US states and its territories
• We do ship internationally. If you have any questions regarding international shipping options, please email [email protected] before placing an order.
• IDCREATOR is not responsible for any customs fees that may be arise from international shipments
• For certain orders, a signature will be required upon delivery.
• Shipping for international orders will automatically be calculated based upon weight and destination, however additional shipping costs may apply in certain cases.
End User shall remain responsible for any additional shipping charges that may occur in the event an order must be reshipped due to an invalid/undeliverable address. We reserve the right to use a different shipping company or method than the method requesting by End User, but strive to find shipment alternatives using the same quality and delivery times.
Our responsibility for the shipment of merchandise ends when the carrier confirms delivery is dispatched. All claims for damage or shortages must be made directly within 5 business days of receipt. The filing of such a claim in no way alters the terms of payment due.
17. Returns & Exchange:
If you would like to return one or more of the products bought from IDCREATOR please email [email protected] referencing (1) your order number (2) the products you would like to return and (3) the reason you want to make a return. If you do not contact IDCREATOR prior to shipping products to our facility a refund will not be processed.
Returns are accepted within 30 days of receipt for a full refund if products are (1) unused and unopened (2) not customized (including ID Cards and Custom Lanyards) and (3) returned to IDCREATOR by pre-paid freight (return shipping paid for by PURCHASER).
In the case of damage or defect upon receival please contact us by email including your order number in the subject line. Defective products may include Custom products containing misprints or defects not due to user error, any product visibly damaged upon receival or products that do not properly function for their intended use. Upon approval from IDCREATOR we will provide you with a shipping label to return the damaged or defective products to us and send you a replacement free of charge.
Returns & Exchange Procedure:
- Contact our customer service department via phone at (855) 625-3437 x 2 or via email at [email protected] to receive an RMA (Return Merchandise Authorization) within 30 days of receipt of products.
- If you wanted to exchange the products, a customer service representative will go over the exchange options relating to your order.
- All returned packages and merchandise must be shipped to the following address, unless authorized by IDCREATOR. Packages returned to a different address may incur additional charges.
- RMA numbers must be clearly marked on the return shipping address label:
Attn: RMA # _________
2800 N 44th St STE #510
Phoenix, AZ 85008
- It is recommended that you use an insured shipping option such as FedEx, UPS, USPS and DHL.
- Products must be shipped back prepaid freight (customer pays for shipping back to IDCREATOR).
- Items must be received by IDCREATOR within 15 days of issuance of RMA.
- All original instructions, packaging, and other documents must be returned undamaged.
- Product must be unused and unopened.
- IDCREATOR cannot be responsible for any returns that don’t to arrive at our facility.
- Damaged merchandise that is received at our facility cannot be accepted by IDCREATOR and will be returned to purchaser.
- Credit will be issued to the original payment method after inspection by IDCREATOR. Shipping charges on the original order will not be refunded. It may take 3-5 days to for the credit to arrive.
- IDCREATOR reserves the right to refuse the return of an item or to amend the return policy at any time.
18. Order Cancellations:
Requests for order cancellation must be made within 24 hours of placing an order, and prior to an order being shipped. We do not guarantee cancellation of custom order requests. Once such orders reach our production line, they are not subject to refunds. Because our turnaround times are so fast, orders are sent to production quickly, so please make sure they are correct when ordering.
19. Sales Tax:
Shipments to Arizona will require payment of sales tax, and we reserve the right to charge tax on other orders, in order to comply with all applicable tax codes. Any purchase claiming tax exempt status must include a tax exempt certificate and be provided to us at [email protected].
20. Customer Service:
Any questions pertaining to your order may be directed to [email protected].
We may terminate this Agreement if End User breaches any terms of this Agreement or is in default of any obligation here under, which default is incapable of cure; or which, being capable of cure, has not been cured within five (5) days after receipt of notice of such default. We may terminate this Agreement without notice and may consider you to be in default of this Agreement, if you become insolvent, make a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffer or permit the appointment of a receiver for its business or assets, or become subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated its affairs. Upon our termination for nonpayment, we shall immediately cease filling orders in addition to any other remedies to which it may be entitled, by law.
22. DISCLAIMERS AND LIMITATIONS OF LIABILITY:
IDCREATOR represents and warrants that the Services shall be provided in a workmanlike manner that conforms to the relevant, prevailing industry standards.
23. WARRANTY DISCLAIMER. EXCEPT FOR THE WARRANTY ABOVE, IDCREATOR PROVIDES THE SERVICES AS IS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. END USER UNDERSTANDS THAT IDCREATOR IS DEPENDENT ON CERTAIN THIRD-PARTIES AND ON MATTERS OUTSIDE ITS CONTROL FOR DELIVERING THE SERVICES. IDCREATOR EXPRESSLY DISCLAIMS THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. ANY MATERIAL, SERVICES, OR DATA PRINTED, OBTAINED, OR DOWNLOADED THROUGH THE SERVICES, IS DONE AT END USER’S OWN RISK AND END USER SHALL REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGES CAUSED BY SUCH MATERIAL. IDCREATOR SHALL NOT BE RESPONSIBLE FOR END USER’S FAILURE TO STORE, DOWNLOAD, OR BACKUP ITS DATA. END USER SHALL REMAIN RESPONSIBLE TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS, AND USEFULNESS OF ANY AND ALL CONTENT DELIVERED THROUGH THE SERVICES.
24. LIMITATION OF LIABILITY:
IDCREATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT ARE LIMITED TO DIRECT MONETARY DAMAGES, AND THE AMOUNT OF SUCH DAMAGES SHALL EQUAL THE AGGREGATE FEES PAID BY END USER AND UP TO A MAXIMUM OF $5000. IN NO EVENT WILL IDCREATOR BE LIABLE FOR PROVIDING SUBSTITUTE SERVICES OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM, LOST PROFITS, LOST REVENUE, LOST DATA, OR INABILITY TO USE THE SERVICES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF IDCREATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. END USER ACKNOWLEDGES THAT IDCREATOR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND THE SAME FORM AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
The End User agrees to indemnify, hold harmless, and settle or defend at its own expense, IDCREATOR and its directors, officers, employees, contractors, partners, and agents against claims for Intellectual Property infringement, death, illness, personal injury, property damage, losses, fraud, improper business practices, and the End User’s own negligence arising from its use of the Services under this Agreement, reliance on the Services and ID cards, or unauthorized access or use by persons using End User’s login credentials or ordering Services due to End User’s negligence.
26. Infringing Service Orders. If any Service becomes, or in IDCREATOR’s opinion is likely to become, subject of a claim of infringement, we may require that End User replace or modify orders requested so it is no longer infringing, or cancel the Services ordered by End User, with or without notice. IDCREATOR shall have no obligation or liability for any claim resulting from: (a) modification of the Services ordered by any party other than IDCREATOR; (b) modification of the Services by IDCREATOR in accordance with End User’s designs, specifications, or instructions; (c) use of the Services other than as granted in this Agreement; (d) use of a superseded version of the Services if the infringement claim could have been avoided by using a current version available to End User.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing and shall be deemed to have been properly given or served by (i) depositing in the United States Mail, postpaid and registered or certified return receipt requested, (ii) hand delivery; or (iii) reputable express courier providing written receipt of delivery, and addressed to the addresses of the parties set forth herein or on purchaser’s purchase order. All notices, demands and requests shall be effective upon the date of actual receipt of the notice, demand or request by the addressee thereof. Rejection, or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of the notice, demand or request sent. By giving at least thirty (30) days written notice hereof, both parties shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses.
28. Relationship of Parties:
Nothing contained herein shall be construed to create an association, joint venture, trust, or partnership, or impose a trust or partnership covenant, obligation, or liability on or with regard to the parties. Each party shall be individually responsible for its own covenants, obligations, and liabilities under this Agreement.
29. GENERAL PROVISIONS:
Governing State. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its own or other conflict of law principles. The parties shall use good faith and all reasonable efforts to resolve disputes arising from or relating to this Agreement by negotiating with each other first. Any disputes unresolved by good faith resolution attempts may then be brought in Maricopa County, Arizona.
Entire Agreement. This Agreement and the additional terms referenced herein represents the entire final Agreement between the parties and supersedes all prior Agreements relating to the use of the Services, whether written or oral, unless otherwise expressly permitted in this Agreement. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of this Agreement, and are void. In the event of any conflict between these Terms of Service and any other terms referenced herein, these Terms of Service shall govern. Any changes requested to our Agreement must be made in a written and signed addendum, which shall be incorporate by reference upon acceptance by IDCREATOR.
Changes to Terms. IDCREATOR may require changes this Agreement to reflect changes in applicable law or updates to the Services, and to account for new Services or functionality. IDCREATOR will provide written notice of any material changes to our Agreement, to permit you a reasonable chance to review and consent to the same. Changes will be effective no sooner than the day written notice is provided to the End User. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
Waiver. The failure by IDCREATOR to enforce any right or provision of the Agreement shall not constitute a waiver of that provision or any other provision of the Agreement.
Force Majeure. The parties understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance. These occurrences and events include, but are not limited to: acts of God; acts of war; acts of public enemies; strikes; fires; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hacking; actions of the elements; or other similar causes beyond the control of End User or IDCREATOR in the performance of this Agreement. Upon the occurrence of such event or effect, the parties shall agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.
Transfer of Rights. End User shall not assign or otherwise transfer the rights under this Agreement by operation of law or otherwise, without IDCREATOR‘ prior written consent. Any entity that acquires merges with, or otherwise combines in any manner with End User shall not acquire any rights to the Services under this Agreement, without IDCREATOR‘s prior written consent. IDCREATOR reserves the right to assign this Agreement and the Services provided herein.
Severability. If any provision of the Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
Recovery. In the event IDCREATOR must initiate mediation, arbitration, litigation, or otherwise become a party to any other action at law with a third party or in a proceeding against the End User or related to End User to enforce any of the terms of this Agreement, or by reason of any breach or default, IDCREATOR shall in any such action or proceeding be entitled to recover from End User all costs and reasonable attorneys’ fees it incurred.